Terms of Service

1. Your agreement with Westshore Labs

These Terms of Service govern the d2o website, dashboard, APIs, command-line tools, and hosting services operated by Westshore Labs in British Columbia, Canada (“Westshore Labs”, “we”, or “us”). By using the services, you agree to these terms. If you use d2o for an organization, you confirm that you have authority to bind the person or legal entity that is the customer.

You must have legal capacity to enter this agreement. If you do not agree, do not use the services. Our Outage Adjustments Policy forms part of these terms. An individually agreed written service agreement controls where it expressly conflicts with these terms or that policy, subject to applicable law. Our Privacy Policy explains how we handle personal information.

2. Invite-only access and accounts

d2o is currently invitation-only. An invitation permits access within the permissions and resource limits assigned to your account; it does not guarantee unlimited capacity or continued availability of a particular feature.

Provide accurate account information, safeguard credentials and tokens, and promptly notify us of suspected unauthorized access. You are responsible for activity you authorize and for managing the people who can access your organizations, projects, and resources. Invitations must be sent only to people you are authorized to invite.

Changing an organization’s owner through the dashboard or CLI changes administrative control of its resources and data. It does not, by itself, change the contracting customer, release accrued payment obligations, or authorize charges to another person’s payment method. Any change of contracting customer or payer requires a separate agreement with us and the affected parties. Only transfer control when you have authority to do so.

3. Complimentary access and paid services

Current users admitted on a complimentary basis receive free access during the current invite-only period. New customers may be offered paid services during that period. Being invitation-only does not mean every new account is free.

Before paid services begin, we will disclose and obtain your express acceptance of the paid offer, these terms, and the Outage Adjustments Policy. The offer will specify the billing currency, rates, metering and rounding rules, applicable taxes, minimum charges, payment terms, and cancellation arrangements. Acceptance may be recorded in a signed agreement or an explicit electronic confirmation identifying the applicable versions. We will not automatically convert complimentary access into a paid subscription. Continued access after the complimentary period may require accepting a paid offer or other updated access terms.

Where the accepted offer provides for usage billing, the resources and scaling actions you authorize can change your charges. Stopping an application does not necessarily stop charges for retained databases, storage, or other billable resources. The offer specifies when each charge ends and any continuing minimum charge. A usage estimate or spending alert is not a spending cap; enforced limits and their effects are described in the Plans, Limits & Usage documentation.

The accepted offer and the Outage Adjustments Policy govern cancellation, adjustments, and refunds, subject to applicable law. Fees properly incurred remain payable after termination unless waived, adjusted, or otherwise agreed or required by law. Contact support@d2o.io if you believe a charge is incorrect; contractual reporting periods do not shorten rights or remedies that cannot lawfully be limited.

4. Your code, content, and data

You retain your rights in the code, files, data, and other content you provide. You grant Westshore Labs limited permission to host, copy, transmit, process, and back up that content as needed to deliver, support, secure, and administer the services, and comply with law. This permission does not transfer ownership of your content to us.

You must have the rights and permissions needed for the content you submit and the way you use the services. You are responsible for your applications, their users, applicable privacy notices and consents, and compliance with laws that apply to your business. Your instructions to us include actions taken by users you authorize.

We retain rights in the d2o service, branding, and materials we provide, subject to applicable third-party and open-source licences.

5. Confidential information

We will use reasonable safeguards to protect non-public customer source code, credentials, business information, and other confidential content entrusted to us. We limit access and disclosure to authorized people and providers who need it to deliver or support your services, maintain security, meet legal obligations, or act on your authorized instructions. People and providers given access on our behalf must be subject to appropriate confidentiality obligations.

These confidentiality obligations do not apply to information that becomes public without our breach, was already lawfully known to us without a confidentiality obligation, is independently developed without using your confidential information, or is lawfully received from another source without a confidentiality restriction. Where disclosure is legally required, we will limit it to what is required and notify you where legally permitted and reasonably practicable.

You control publication through your applications, public buckets, and authorized sharing. No service can eliminate every security risk. Our Privacy Policy continues to govern our handling of personal information.

6. Acceptable use

Use d2o lawfully and in a way that respects other people and the shared platform. You must not:

• Host or distribute unlawful content, infringe intellectual property or privacy rights, or facilitate fraud, exploitation, or harassment.
• Distribute malware, operate phishing services, send unsolicited bulk messages, or obtain access to systems without authorization.
• Interfere with other customers, evade permissions or resource limits, compromise infrastructure, or deliberately disrupt the service.
• Use the platform for cryptocurrency mining, open proxies, or abusive traffic generation without our prior written agreement.
• Perform security testing against the platform or other customers’ resources without written authorization. Testing your own application must remain within agreed resource limits and avoid affecting other users.
• Use the service for activities where failure could reasonably cause death or serious physical harm, or submit regulated information requiring safeguards we have not expressly agreed to provide.

Report abuse, infringement, or security concerns to legal@d2o.io. We may investigate reports and take proportionate action to protect the service and comply with law.

7. Service operation, support, and recovery

We may maintain, update, or change the platform and its features, subject to our agreed obligations and the change provisions below. Resource quotas, supported configurations, and technical limits apply. Unless expressly agreed in writing, we do not promise a minimum uptime percentage, continuous support staffing, a response or resolution deadline, or suitability for a particular workload. Support is provided on a reasonable-efforts basis under your service arrangement. Estimates of response or restoration times are not guarantees.

Our Outage Adjustments Policy still applies when no uptime percentage is promised. If a qualifying d2o outage makes a paid service unavailable, we will reduce or return the charges attributable to the affected service and time under that policy. We automatically apply adjustments for outages we identify, without requiring a customer claim. An adjustment reduces an unpaid invoice or becomes an account credit for charges already paid; you may request a refund of an unused outage credit representing money you previously paid. See the policy for eligibility, calculations, and processing times.

You are responsible for testing releases, selecting appropriate configurations, controlling public access, and keeping independent copies of important code and data. Application filesystems are temporary storage. Replication improves availability but is not an independent backup or a guarantee of recovery after a disaster. Managed backups apply only where documented, have operational limits, and do not replace your own recovery planning. See Database Backups and Object Storage Buckets for current capabilities. We do not promise a particular recovery point or recovery time unless expressly agreed in writing.

Optional tools, integrations, and assistant responses may contain errors. Review their output before relying on it or making changes. Third-party services you choose to connect may have their own terms. Failures of infrastructure providers we select remain subject to the Outage Adjustments Policy; using a provider does not itself remove that obligation.

8. Suspension, termination, and data access

You may stop using d2o and request account closure by contacting us. Resolve any shared-resource or organization ownership responsibilities first. Cancellation and the end of billing follow your accepted paid offer; closing a user account does not itself cancel resources retained by a shared organization.

We may restrict or suspend access to address a security threat, unlawful activity, material breach, unpaid agreed fees, or a serious risk to other users. We will give notice and an opportunity to resolve the issue where reasonably practicable; urgent security or legal circumstances may require immediate action.

We may end the service or your access with reasonable notice where practicable. Where lawful and reasonably possible, we will provide an opportunity to retrieve your content before removing it. Export data you need before deleting resources or closing your account. Deleting a resource, environment, project, or organization may permanently delete its data and associated backups. No post-deletion recovery window is promised, and remaining backup copies do not establish a right or ability to restore deleted resources.

Access or recovery cannot be guaranteed where preservation is technically impossible or access is prohibited by law. Logs, audit records, and other information retained after closure are handled under our Privacy Policy. Closure does not extinguish an accrued outage adjustment or legally required refund. Contact support@d2o.io to settle an unused outage credit representing charges you paid.

9. Warranties and disclaimers

To the extent permitted by applicable law, the services are provided on an “as is” and “as available” basis, subject to our express commitments in these terms and the Outage Adjustments Policy. We do not promise uninterrupted, error-free, or entirely secure operation, or fitness for a particular purpose. We disclaim implied warranties and conditions to the extent the law allows.

Nothing in these terms excludes a warranty, condition, remedy, or statutory right that cannot lawfully be excluded.

10. Limits on liability

To the fullest extent permitted by applicable law, Westshore Labs is not liable for lost revenue, lost profits, missed sales, lost business opportunities, loss of goodwill, or business interruption arising from service outages, interruptions, delays, failures, or inability to access or use the services. This exclusion applies whether those losses are characterized as direct or indirect, whether they were foreseeable, and whether Westshore Labs was advised that they might occur.

To the extent permitted by law, Westshore Labs is also not liable for indirect, incidental, special, consequential, or punitive loss arising from the services.

To the extent permitted by law, our total aggregate liability arising out of or relating to the services and these terms is limited to the greater of CAD $100 and the fees you paid Westshore Labs for the services in the 12 months preceding the event giving rise to the claim.

These exclusions and limits apply to claims based on contract, negligence, or other legal grounds to the extent permitted by law. They do not reduce or prevent adjustments or refunds owed under the Outage Adjustments Policy, and those adjustments do not consume the liability cap. Nothing in these terms excludes liability for fraud or wilful misconduct, or limits any liability, right, or remedy that cannot lawfully be excluded or limited.

11. Third-party claims involving business customers

This section applies only when you obtain the services primarily for business purposes. To the extent permitted by law, you will reimburse Westshore Labs for reasonable defence costs and damages finally awarded, or settlements you approve in writing, in third-party claims to the extent caused by your unlawful content, infringement of third-party rights, or material misuse of the services in breach of these terms. This obligation does not cover losses attributable to our breach, negligence, or other wrongful conduct.

We will notify you promptly of a claim and take reasonable steps to mitigate loss. A delay in notice reduces your obligation to the extent the delay materially prejudices your defence. You may control the defence using reasonably competent counsel, and we will provide reasonable cooperation at your expense. Neither party may settle a claim in a way that admits fault or imposes an obligation on the other without that party’s written consent, which must not be unreasonably withheld. These provisions do not authorize recovery of the same loss more than once or override non-waivable rights.

12. Governing law and disputes

These terms are governed by the laws of British Columbia and the applicable federal laws of Canada. Subject to mandatory rights and jurisdiction rules that apply to you, disputes will be brought before the courts of British Columbia.

Please contact legal@d2o.io first so we can try to resolve a concern. Nothing here prevents you from exercising a non-waivable right, contacting a regulator, or seeking a remedy available under applicable law.

13. Changes and general terms

We may revise these terms and the Outage Adjustments Policy and will identify each effective date. We will give reasonable advance notice of material changes through a website notice or account email where practicable, and obtain consent where required. Changes required by law or urgent security needs may take effect sooner. New or changed charges still require the agreement described above.

Changes apply prospectively and do not remove accrued adjustment or refund rights. Publication alone does not override an existing individually agreed written service agreement. If you do not accept revised terms, contact us about closing your account and settling any remaining obligations or credits. Copies of the versions applicable to your paid offer are available on request from legal@d2o.io.

If a provision is unenforceable, the remaining provisions continue to apply. A failure to enforce a provision is not a waiver. Provisions that by their nature should survive termination, including ownership, confidentiality, accrued payment and refund obligations, third-party claims, limitations of liability, and dispute provisions, survive.